State SealARIZONA HOUSE OF REPRESENTATIVES

 

SB 1084: S/E: incorporation; urbanized areas; planned communities

PRIME SPONSOR: Senator Barto, LD 15

BILL STATUS: Local & International Affairs

Legend: BOS – Board of Supervisors Amendments – BOLD and Stricken (Committee)

Abstract

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note Relating to incorporation of urbanized areas.

Provisions

1.       Removes the requirement that an urbanized area with a population over 15,000 obtain approval from any planned community association within its boundaries in order to incorporate as a city or town through specified methods. (Sec. 1)

2.       Contains a retroactive effective date of January 1, 2017. (Sec. 2)

Current Law

A community may incorporate as a city or town by either of the following methods:

·         If 2/3 of the qualified electors in the community sign a petition, the BOS must declare the community incorporated; or

·         If 10% of the qualified electors sign a petition, the BOS must call an election for proposed incorporation.  If a majority of the qualified electors voting in the election vote for incorporation, the BOS must declare the community incorporated (A.R.S. § 9-101).

Territory within 6 miles of an incorporated city or town with a population over 5,000 and territory within 3 miles of an incorporated city or town with a population of less than 5,000 is considered an urbanized area.  Except in certain circumstances, territory within an urbanized area may not be incorporated as a city or town unless either of the following occur:

·         The city or town causing the urbanized area to exist approves the proposed incorporation by resolution; or

·         A petition requesting annexation by the urbanized area has been submitted to the city or town causing the area to exist and has not been approved within 120 days.

However, if the urbanized area proposed for incorporation has a population that is 15,000 or more and is greater than the city or town causing the area to exist, the BOS must take action to incorporate the area without a resolution of approval by the city or town.  If a portion of an urbanized area is covered by a planned community association during its period of declarant control, the urbanized area may not incorporate through this method unless the association grants permission (A.R.S. § 9-101.01). 

 

 

 

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Fifty-third Legislature                  SB 1084

Second Regular Session                               Version 2: Local & International Affairs

 

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